Capacity to grant and revoke a power of attorney (POA) for property and personal care and incapacity to manage property and personal care is defined by legislation in Ontario by the Substitute Decisions Act. However testamentary capacity (capacity to make a will) is not defined by provincial legislation. Assessors from the…
“Yesterday, we lost a giant – an exceptionally creative scientist and engineer who was also a delightful human being. Millie Dresselhaus began life as the child of poor Polish immigrants in the Bronx; by the end, she was Institute Professor Emerita, the highest distinction awarded by the MIT faculty. A…
In my last blog post of January 27, 2017, I discussed testamentary letters of wishes and some of the benefits and potential pitfalls of their use. For the purposes of the post, I limited the discussion to testamentary letters of wishes which are designed to convey a testator’s wishes and…
This Blog was written by: Holly Allardyce I once attended a networking event where we all had to name an aspect of our jobs that we enjoy. I volunteered that I liked knowing I had located all of a deceased person’s valuables. The perplexed facilitator asked if I was a…
The discovery of holographic wills always send up red flags to estates litigators, especially when the holographic will is a dramatic departure from the prior distribution of the estate. While questions of fraud immediately come to mind, there may also be a limitations problem if the holographic will is found…
During the administration of an estate, taxable income can be generated in the form of interest, dividends, capital gains, etc. after all debts and specific bequests have been paid. The Canada Revenue Agency (CRA) was asked if an estate could distribute the remaining taxable income to the residual beneficiaries. The CRA…
Today’s blog was written by Jenna Ward, Articling Student, Fasken Martineau DuMoulin. Last year, we wrote about the steps that owners of digital assets should take to preserve assets and ensure a smooth transition of such assets to executors and beneficiaries. Here are some more thoughts on the topic of…
Charities like to name things after donors. Simply, big gifts mean more prominent “naming opportunities”. Ontario’s Minister of Health recently issued a directive to hospitals stipulating that they can’t rename existing hospitals in recognition of donations. Is “naming” a risk for major donors? What are the estate planning implications? Ontario’s…
As regular readers know, we occasionally invite guest bloggers to contribute to All About Estates Today’s blog was written by Norman Bowley, a partner and chair of the Estates and Succession Group at Low Murchison Radnoff LLP . In my wallet you will find a plastic card the size of a credit…
This issue was recently tested in Court with a “bittersweet” result. Three testamentary trusts were created for 3 children in the late 2000’s. Their mother was an income beneficiary in each trust, and entitled to receive all the net income derived from each trust during her lifetime. A child and…